Which of the following articles of the Indian constitution deals with the privileges of the members of parliament?

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  1. Article 130
  2. Article 90
  3. Article 127
  4. Article 105

Answer (Detailed Solution Below)

Option 4 : Article 105
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The correct answer is Article 105.

Key Points

  • Article 105 of the Indian Constitution defines the powers, privileges, and immunities of Members of Parliament (MPs).
  • It includes freedom of speech in Parliament and immunity from legal proceedings for anything said or done in the course of their parliamentary duties.
  • Privileges under Article 105 are granted to ensure the independence of MPs and the effective functioning of the legislature.
  • The privileges are not absolute and may be regulated by Parliament through legislation.
  • The corresponding provision for State Legislatures is Article 194, which deals with privileges of members of State Assemblies.

Additional Information

  • Privileges of Parliament Members:
    • Freedom of speech within the house without fear of legal consequences.
    • Exemption from appearing in court for civil cases during parliamentary sessions.
    • Privilege to access certain confidential documents related to legislative proceedings.
  • Restrictions on Privileges:
    • Privileges are subject to judicial review if they violate the Constitution.
    • Misuse of privileges can lead to disciplinary action by the parliamentary ethics committee.
  • Relevant Historical Cases:
    • Keshav Singh Case (1964): Defined the scope and limits of legislative privileges.
    • Shiv Kant Shukla Case: Addressed the relationship between fundamental rights and parliamentary privileges.
  • Legislative Immunities: Ensures independence of MPs in carrying out their duties without external influence or fear of legal reprisal.
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